You can find California's special education eligibility criteria in regulations set by the State Board of Education under Title 5 of the California Code of Regulations, Section 3030. These rules first took effect on March 2, 1983, marking the first time California had a statewide policy for special education eligibility. The criteria are generally aligned with federal guidelines for defining 'children with disabilities' under 34 Code of Federal Regulations (C.F.R.) Section 300.8. State eligibility criteria cannot be more restrictive than federal guidelines. Together, the federal and state regulations establish eligibility criteria for all students age 3 – 22 seeking special education services. In order to qualify as an individual with exceptional needs under the eligibility criteria, the school district assessment must demonstrate that the student’s disability adversely impacts their educational performance and requires special education. The qualifying areas of disability set out in state eligibility regulations are:

1. Autism;
2. Emotional Disturbance;
3. Deaf-Blindness;
4. Deafness;
5. Hearing Impairment;
6. Intellectual Disability;
7. Multiple Disabilities;
8. Orthopedic Impairment;
9. Other Health Impairment;
10. Specific Learning Disability;
11. Speech and Language Impairment;
12. Traumatic Brain Injury; 
13. Visual Impairment including Blindness[[34 C.F.R. Sec. 300.8; 5 C.C.R. Sec. 3030.]]

The IEP team (made up of the parents/guardians/other education rights holders and qualified professionals) makes the actual determination of eligibility for special education and related services, based upon the assessment reports conducted by the school district. A copy of the report must be given to the parent/guardian/other education rights holder.[[20 U.S.C. Sec. 1414(b)(4) & (5); 34 C.F.R. Secs. 300.306(a)(1) & 300.322(f).]] Parents/Guardians/Other Education Rights Holders are participants of the IEP team who are allowed to fully participate in making decisions about their child’s eligibility.[[34 C.F.R. Sec 300.306(a); Cal. Edu. Code Sec. 56329(a)(1) and 56341(b)(1).]]

In terms of minimum age, a child may be eligible for special education services, in the form of early intervention services, from birth. See Chapter 12, Information on Early Intervention Services. After age three and until school age, a child may be eligible for preschool special education. See Chapter 13, Information on Preschool Education Services.

In terms of maximum age (and assuming the student has not yet graduated from high school with a regular diploma), a student may continue to be eligible for special education past their 18th year[[Cal. Ed. Code Sec. 56026(c)(4)]]. A student between the ages of 19 and 21 may continue in special education when the following conditions exist:

1. They must have been in special education at the time they turned 19;
2. They have not met their “proficiency standards;”
3. They have not completed their “prescribed course of study;” or
4. They have not graduated from high school with a regular high school diploma.[[34 C.F.R. Sec. 300.102; Cal. Ed. Code Sec. 56026(c)(4) & 56026.1.]]

The “prescribed course of study” is a set of standards adopted by the local board of education for granting a diploma or certificate.[[Cal. Ed. Code. Sec. 51220.]] The course of study could include the school district’s required subjects and credits in English, math, reading, etc. “Proficiency standards” are a measure of student competence in basic skills, such as reading, writing, and mathematics. 

How long a student may continue in special education after their 22nd birthday largely depends on the month in which they turn 22. If the student was born between January 1 and June 30, they may remain in the program for the rest of the fiscal year ending June 30, plus any extended school year program. If they were born in July, August or September and are on a traditional school-year calendar, they are treated similarly and may continue in the program through the end of the previous fiscal year that ended June 30. However, if the student was born in July, August or September and is on a year-round school calendar, they can finish the current term, even if the term extends into the next fiscal year. A student who was born in October, November or December may continue in special education only until December 31 of the year they turn 22, unless they would otherwise complete their IEP at the end of that current fiscal year.[[Cal. Ed. Code Sec. 56026(c)(4)]]

No. Your child is eligible if they meet the criteria for either deafness or hearing impairment. Deafness is a hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects a child's educational performance.[[34 C.F.R. Sec. 300.8(c)(3), 5 C.C.R. Sec. 3030(b)(3)]] Hearing impairment is an impairment in hearing, whether permanent or fluctuating, that adversely affects a child's educational performance but that is not included under the definition of deafness.[[34 C.F.R. Sec. 300.8(c)(3); 5 C.C.R. 3030 (b)(3)]]

No.If your child has both hearing and visual impairments which, in combination, cause such severe communication, developmental, and educational problems that cannot be accommodated in a program for children with only hearing impairments or only visual impairments, they are eligible for the program.[[34 C.F.R. Sec. 300.8(c)(2); 5 C.C.R. Sec. 3030(b)(2).]] On the other hand, if a child with both visual and hearing impairments is able to be appropriately served in a program for children with either of those conditions, the child need not be placed in a program for children who have both conditions.

A student with speech and language difficulties may be eligible for special education services if they meet one or more of the following criteria:

1. Articulation Disorder: The student has difficulties with articulation that significantly reduce intelligibility and interfere with communication, attracting adverse attention. The student’s articulation skills must be below what is expected for their chronological age or developmental level and not merely an abnormal swallowing pattern.
2. Abnormal voice characterized by persistent defects in voice quality, pitch, or loudness.
3. Fluency Disorder: The flow of verbal expression, including rate and rhythm, adversely affects communication between the student and listener.
4. Language Disorder: The student has an expressive or receptive language disorder if they meet one of the following criteria:
   1. Scores at least 1.5 standard deviations below the mean, or below the seventh (7th) percentile, for their chronological or developmental level, on two or more standardized tests in areas such as morphology, syntax, semantics, or pragmatics; or
   1. Scores at least 1.5 standard deviations below the mean, or below the seventh (7th) percentile, on one or more standardized tests in the areas listed above and displays inappropriate or inadequate usage of expressive or receptive language as measured on a representative spontaneous or elicited language sample of at least fifty (50) utterances. The language sample must be recorded or transcribed, analyzed, and included in the assessment report. If a 50-utterance sample cannot be obtained, the language, speech, or hearing specialist must document why and describe the contexts in which attempts were made. 
5. Hearing Loss: Results in a language or speech disorder.[[34 C.F.R. Sec. 300.8(c)(11); 5 C.C.R. Sec. 3030(b)(11).]]

When standardized tests are deemed invalid for the student, the expected level of performance shall be determined by alternative means.[[5 C.C.R. Sec. 3030(b)(10)(B)(2).]]

No. “Visual impairment including blindness” means an impairment in vision that, even with correction, adversely affects a child’s educational performance. The term includes both partial sight and blindness.[[34 C.F.R. Sec. 300.8(c)(13); 5 C.C.R. Sec. 3030(b)(13).]]

Under California law, a child with a “severe orthopedic impairment” is eligible for special education services. A severe orthopedic impairment is one that adversely affects the pupil’s educational performance and includes those caused by congenital anomaly, impairments caused by disease (e.g., poliomyelitis, bone tuberculosis), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures).[[34 C.F.R. Sec. 300.8(c)(8).]][[5 C.C.R. Sec. 3030(b)(8).]]

A child may be eligible for special education under the category of “Other Health Impairment”. This means that a student must have limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment that is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette Syndrome; and adversely affects a child's educational performance.[[34 C.F.R. Sec. 300.8(c)(9); 5 C.C.R. Sec. 3030(b)(9)]]

An IEP team may determine that a student meets the federal and state eligibility criteria under the category of autism if a child has a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a child's educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. A child who manifests the characteristics of autism after age three could be identified as having autism if these criteria are satisfied. Autism does not apply if a child's educational performance is adversely affected primarily because the child has an emotional disturbance.[[34 C.F.R. Sec. 300.8(c)(1); 5 C.C.R. Sec. 3030(b)(1).]]

In order to qualify for special education under this category, your child does not need to meet the medical definition of autism, just the educational definition. Likewise, meeting the medical definition of autism and obtaining a medical diagnosis does not ensure that your child will be eligible for special education services if they do not meet the federal or state eligibility criteria for autism.

No. In order for a student to be eligible under this category, they must demonstrate:

1. Deficits in adaptive behavior, which refers to a child’s ability to function effectively in age-appropriate activities with others. Adaptive behavior encompasses skills necessary for independent living and interacting appropriately with others.
2. Significantly below average general intellectual functioning. 

Both of these criteria must have manifested during the developmental period and adversely affect the student’s current educational performance.[[34 C.F.R. Sec. 300.8(c)(6); 5 C.C.R. Sec. 3030(b)(6).]]

Adaptive behavior means age-appropriate behavior that enables a student to live independently, function successfully in every day life activities, and interact appropriately with others.

Due to the Larry P. v. Riles case, the California State Department of Education (CDE), in 2022 updated its earlier directive to state that school districts must not use any assessment that is a “standardized intelligence test” for purposes of identifying or placing Black students in a category or placement that is “substantially equivalent” to what was formerly known as EMR.[[Cal. Dept. of Educ., Mem. Re. Special Education Assessment of African American Students (Sept. 14, 2022), available at https://www.cde.ca.gov/sp/se/ac/memo091422.asp.]] The California Association of School Psychologists has interpreted CDE’s directive to mean that IQ tests may not be used to place Black students in the category of Intellectual Disability (“ID”), but school psychologists may still exercise their professional judgment as to whether to use IQ tests for other suspected areas of disability, so long as they follow all other legal requirements.[[See Cal. Assoc. of Sch. Psycs., CASP’s Response to CDE’s Memorandum on Special Education of African American Students - Sept. 14, 2022 (Oct. 10, 2023), available at https://casponline.org/pdfs/resource-papers/Updated%20Larry%20P.%20Guidance%20Paper%2010-10-23.pdf.]]” See Chapter 2, Information on Evaluations/Assessments.

A student is eligible under emotional disturbance if they exhibit one or more of the following characteristics, over a long period of time and to a marked degree, which adversely affects educational performance:

1. An inability to learn which cannot be explained by intellectual, sensory, or health factors;
2. An inability to build or maintain satisfactory interpersonal relationships with peers and teachers;
3. Inappropriate types of behavior or feelings under normal circumstances exhibited in several situations;
4. A general pervasive mood of unhappiness or depression; and
5. A tendency to develop physical symptoms or fears associated with personal or school problems.[[34 C.F.R. Sec. 300.8(c)(4); 5 C.C.R. Sec. 3030(b)(4)]]

Your child does not have to be diagnosed with or meet a clinical mental health definition of emotional disturbance to be eligible for special education under this category. The federal and state special education eligibility criteria for emotional disturbance are the only criteria that a student must meet to be eligible for special education services.

The term “emotional disturbance” specifically includes schizophrenia, but excludes students who are “socially maladjusted”.[[5 C.C.R. Sec. 3030(b)(4).]] The law does not explain what it means by the term “socially maladjusted”, which has led to confusion. Furthermore, “emotional disturbance” is not a recognized psychiatric diagnostic condition, and a student need not have a psychiatric label or diagnosis in order to be eligible under emotional disturbance.

Conduct or behavior disorders and Oppositional Defiant Disorder are not specific eligibility categories for special education. However, students exhibiting serious or long-term behavior issues may still qualify for special education under categories such as:

• Specific Learning Disability (SLD)
• Emotional Disturbance (ED)
• Other Health Impairment (OHI) which includes conditions such as Attention Deficit Disorder (ADD) or Attention Deficit Hyperactivity Disorder (ADHD).

If a student displays significant behavior issues, an assessment should be conducted in all areas related to a student’s suspected disability to determine whether the student qualifies for special education. If the student does not qualify for special education, a Section 504 plan should be considered.

The U.S. Office for Civil Rights (OCR) in California has ruled that schools must convene a team of assessors to make a determination regarding eligibility under Section 504 for children with disorders such as ADD/ADHD and obsessive compulsive disorder even if the children do not qualify for special education.[[Manteca Unified School District, 30 IDELR 544(1998)]]

Yes. The law has specifically recognized ADD and ADHD as examples of conditions that may qualify under the category of “other health impairment” (OHI) if the other criteria for that eligibility category are met. The definition for OHI has expanded the phrase “limited strength, vitality or alertness” to include a “heightened alertness to environmental stimuli,” and then lists ADD/ADHD as an example of a chronic illness which could qualify. However, a diagnosis of Attention Deficit Disorder or Attention Deficit Hyperactivity Disorder alone is not sufficient to make a student eligible for special education services. An IEP team, after the required comprehensive evaluation, must determine that the student meets an eligibility category – which means that the student has a condition (such as ADD/ADHD) and that condition must also adversely affect the student’s educational performance. Students with ADD/ADHD may also be eligible under the “specific learning disability” category, or the “emotional disturbance” category.[[34 C.F.R. Sec. 300.8(c)(9); Cal. Ed. Code Sec. 56339(a); 5 C.C.R. Sec. 3030(b)(9).]] See Q & A 30 for information on “adverse affect”.

A Specific Learning Disability is defined as a disorder in one or more of the basic psychological processes involved in understanding or using language, whether spoken or written. This may manifest itself as difficulties in listening, thinking, speaking, reading, writing, spelling, or doing math. Basic psychological processes include: attention, visual processing, auditory processing, sensory-motor skills, cognitive abilities such as association, conceptualization, and expression. 

Conditions included under SLD may encompass:

• Perceptual disabilities
• Brain injury
• Minimal brain dysfunction
• Dyslexia
• Dyscalculia
• Dysgraphia
• Developmental aphasia. 

SLD does not include learning problems primarily due to visual, hearing, or motor disabilities, or intellectual disabilities, or emotional disturbance, or environmental, cultural, or economic disadvantage.[[5 C.C.R. Sec. 3030(b)(10)(A); Cal. Ed. Code Sec. 56338]] However, a specific learning disability does include a disability within the function of vision which results in visual perceptual or visual motor dysfunction.[[Cal. Ed. Code Sec. 56338.]]

The specific learning disability category of special education eligibility is the largest category of special education students and the most complicated in terms of the factors which must be considered and the evaluation processes school districts may use in making this determination.

In California, school districts often use what is known as the “discrepancy model” to determine whether a student has a specific learning disability. Under this approach, a student must be found to have a severe discrepancy between their intellectual ability and their achievement in oral expression, listening comprehension, written expression, basic reading skills, reading comprehension, mathematical calculation, or mathematical reasoning.[[5 C.C.R. Sec. 3030(b)(10)(B).]] Federal special education law allows school districts to use another assessment method known as “response to scientific, research-based intervention model” or “Response to Intervention (RTI) model” to determine if a student qualifies for special education with a learning disability.[[34 C.F.R. Sec. 300.309(b).]] Federal law prohibits states from requiring school districts to use only the discrepancy model and requires states to also allow their school districts to use the RTI model.[[34 C.F.R. Sec. 300.307(a).]] Because of the federal law, California law permits schools to use either the discrepancy model or RTI model in determining whether a student has a specific learning disability.[[Cal. Ed. Code Sec. 56337(b)-(c).]] Before consenting to a special education evaluation for your child, it is important to understand which method of assessment your school district will use. 

When a school district is deciding if a student has a significant gap between their intellectual ability and their school performance, they need to look at all relevant information about the student. They cannot rely on just one test score or result to make this decision.

Typically, they use standardized tests to measure both the student’s ability and their achievement. If a student’s scores in school performance (like reading or math) are much lower than their ability scores, it suggests a significant gap that might qualify them for special education services.

To check for this gap, the scores from ability and achievement tests are converted to a common scale (usually 100). If there’s a difference of about 20-22 points (which is 1.5 standard deviations), it strongly suggests a learning disability. This finding must be supported by other information, such as different tests, observations, and work samples.[[5 C.C.R. Sec. 3030(b)(10)(B)]]

If standardized tests can’t be used for certain students (like for Black students due to specific regulations), the gap must be measured using another approved method. The assessment plan must detail this alternative method and be signed by a parent/guardian/other education rights holder before testing begins.[[5 C.C.R. Sec. 3030(b)(10)(B)(2)]] Even if standardized tests don’t show a significant gap, an IEP team can still determine that one exists. They must prepare a detailed report describing the gap, how big it is, and the methods used to find it. This report must include information from various sources, like tests, parent/guardian/other education rights holder input, teacher observations, and the student’s work samples. However, factors like limited school experience or poor attendance should not be the main reasons for the gap.[[5 C.C.R. Sec. 3030(b)(10)(B)(3) & (4)]]

The Response to Intervention (RTI) model is a multi-tier approach to the early identification and support of students with learning and behavior needs. The RTI process begins with high-quality instruction and universal screening of all children in the general education classroom. Ideally, RTI is a school-wide instruction and assessment process used to assist all students.

RTI is also one method of assessing a student to determine if the student qualifies for special education under the specific learning disability category. Federal and state laws allow school districts to use the RTI model to provide instruction and remediation to students struggling in the classroom and to help identify their eligibility for special education under specific learning disability.[[34 C.F.R. Sec. 300.309(b); 34 C.F.R. Sec. 300.307; 5 C.C.R Sec. 3030(b)(10)(C)(2)(i).]] RTI is not defined in special education law. But, generally, RTI services can include additional attention and monitoring, small group instruction and individual instruction. The period of RTI assessment/instruction can last for several months. Even if the school district uses the RTI method of assessment, it still must follow all federal and state assessment requirements and timelines.

RTI and Discrepancy Model for Specific Learning Disability:

RTI Model: Schools can use the RTI model to determine if a student has a specific learning disability. This involves providing targeted interventions and measuring whether the student makes sufficient progress in key areas like oral expression, reading, and math.

Severe Discrepancy Model: Schools can also use the severe discrepancy model, comparing a student’s academic achievement with their intellectual ability. A significant gap may indicate a specific learning disability.

Eligibility Criteria:

Inadequate Achievement: The student must not achieve at age or state-approved grade-level standards in one or more areas, despite receiving appropriate instruction.

Progress Monitoring: The student must show insufficient progress in response to scientific, research-based interventions.

Exclusion Factors: The underachievement must not be primarily due to other factors like visual or hearing disabilities, intellectual disability, emotional disturbance, cultural factors, or limited English proficiency.

Instruction Documentation: The student must have received appropriate instruction in general education before being assessed for special education. Documentation of assessments and progress must be available.

Observation: The student should be observed in their learning environment, including general classroom settings. For younger students or those not yet in school, observation should be in an age-appropriate environment.[[34 C.F.R. Sec. 300.309(a)(2)(i); 5 C.C.R. Sec. 3030(b)(10)(C).]]

Yes. The discrepancy model used to determine eligibility for special education can be challenging for certain groups of students, particularly young children and those with varying levels of intellectual ability. Here’s why:

Young Children: For students in kindergarten through second grade, it is often difficult to use the discrepancy model effectively. Achievement tests for these early grades may not capture the full extent of a child's learning difficulties due to the relatively broad and less detailed nature of early academic assessments. This limitation can make it hard to identify a significant discrepancy between a child's cognitive ability and academic performance at these early stages.[[5 C.C.R. Sec. 3030(b)(10)(B)(3)]].

Low Average Intelligence: Children who score in the low average range on intelligence tests may struggle to qualify for special education under the discrepancy model. This is because a severe discrepancy between ability and achievement is harder to establish when a child's cognitive abilities are not significantly higher than their academic performance. In such cases, finding a substantial gap between ability and achievement becomes difficult.[[5 C.C.R. § 3030(b)(10)(B)(4)]]. 

Bright Children: Conversely, students who are intellectually gifted are more likely to show a significant discrepancy between their potential and actual academic performance. Because these students have higher cognitive abilities, their academic performance might not reflect their true potential, making it easier to identify a severe discrepancy. [[34 C.F.R. Sec. 300.309(b)]].

No. There is no reference in either the federal or state eligibility criteria for learning disabilities or any other disability requiring that a student be two years behind academically. If the school district uses the discrepancy model, the student’s academic achievement must be compared to their own ability levels, not to the ability levels of other students.[[34 C.F.R. Secs. 300.8(c)(10), 300.309(a)(1) & (2); 5 C.C.R. Sec. 3030(b)(10)(B).]]

No. A federal Office of Special Education Programs Clarification Letter written January 14, 1992, states:

• Neither Part B nor Part B regulations provide for any exclusions based on intelligence level in determining eligibility for Part B services...All children, except those specifically excluded in the regulations, regardless of IQ, are eligible to be considered as having a specific learning disability, if they meet the eligibility requirements...[[18 IDELR 683.]]

In addition, school districts cannot deny assessment for special education eligibility solely on adequate grades. Grades are only one indicator of the educational impact that a student’s disability is having on the student’s school functioning.

Eligibility criteria for preschool children are the same as the criteria for school-age children. To be eligible for special education, a child must have one of the following disabling conditions:

1. Autism;
2. Deaf-blindness;
3. Deafness;
4. Emotional disturbance;
5. Hearing impairment;
6. Intellectual disability;
7. Multiple disabilities;
8. Orthopedic impairment;
9. Other health impairment (such as attention deficit disorder, attention deficit hyperactivity disorder, Tourette Syndrome, dysphagia, fetal alcohol syndrome, bipolar disorders, or other organic neurological disorders, see Fed. Reg. Vol. 71, No. 156, p. 46550);
10. Specific learning disability;
11. Speech or language impairment in one or more of voice, fluency, language, and articulation;
12. Traumatic brain injury;
13. Visual impairment; or
14. Established medical disability (a disabling medical condition or congenital syndrome that the IEP team determines has a high predictability of requiring special education and services).[[34 C.F.R. Sec. 300.8; 5 C.C.R. Sec. 3030; Cal. Ed. Code Sec. 56441.11.]]

In addition to having one or more of the qualifying conditions, a child must need specially designed instruction or services to qualify for special education, and must also have needs that cannot be met with modification of a general environment in the home or school, or both, without ongoing monitoring or support as determined by an IEP team.[[Cal. Ed. Code Secs. 56441.11(b)(2) & (3).]]

A child is not eligible for special education and services if they do not otherwise meet the eligibility criteria and their educational needs are due primarily to:

• Unfamiliarity with the English language;
• Temporary physical disabilities;
• Social maladjustment; or
• Environmental, cultural, or economic factors.[[Cal. Ed. Code Sec. 56441.11(c); see Chapter 13, Information on Preschool Education Services.]]

No. Federal law specifically states that in addition to meeting one of the disability categories, a student must need some degree of special education instruction.[[34 C.F.R. Sec. 300.8(a)(2)(i).]] In addition, California regulations state that a child can qualify for special education if the results of the assessment “demonstrate the child’s impairment ... requires special education in one of the program options.”[[5 C.C.R. Sec. 3030(a).]] Based on these provisions, a child would not be eligible for special education if they only need some related service. However, in determining a child’s eligibility, districts must conduct comprehensive assessments into all areas of suspected disability. A child’s need for a related service such as speech therapy or occupational/physical therapy should trigger the suspicion of an underlying disability which a school district must evaluate to determine if the child meets one of the qualifying categories. Similarly, before recommending to exit an already eligible child from special education, the district must carry out assessments to see if the child remains eligible under one of the other categories.

Yes. Students who are not yet proficient in English (English Learners or ELs) may also have a disability that makes them eligible for special education services.  

However, IEP teams must carefully consider an EL's emerging English language development to make sure it is appropriately considered when determining special education eligibility.[[20 U.S.C. Sec. 1414(b)(5); 34 C.F.R. Sec. 300.306(b); 5 C.C.R. Sec. 3023(b); Cal. Ed. Code Secs. 56329(a)(2).]] English Learners are at risk of over- and under-identification for special education eligibility. Over-identification occurs when the normal process of second-language acquisition is misidentified as evidence of a disability. Under-identification occurs when an EL’s disability-related needs are inaccurately attributed to their developing English language proficiency. 

You can find more information on best practices for special education eligibility determinations for English Learners in the "California Practitioners’ Guide for Educating English Learners with Disabilities,” developed by the California Department of Education, available here: https://www.cde.ca.gov/sp/se/sr/elpracguideswd.asp.

No. Whenever a student transfers into a school district from another California school district not operating under the same local plan within the same academic year, the new school district must ensure that the student is immediately provided with services comparable to those provided in the previously approved IEP from the former school district, in consultation with the parents/guardians/other education rights holders, for a period not to exceed 30 days.

Within 30 days, the new school district must either adopt the previously approved IEP, or develop, adopt, and implement a new IEP. The new school must take reasonable steps to promptly obtain the pupil’s records from their former school to facilitate the student’s transition.[[Cal. Ed. Code Secs. 56325(a)(1) & (b)(1).]]

Whenever a student transfers into a school district from another California school district operating under the same local plan within the same academic year, the new school district shall continue, without delay, to provide the student with services comparable to those provided in the existing approved IEP from the former school district unless the parent/guardian/other education rights holder and the school district agree to develop, adopt, and implement a new IEP that is consistent with federal and state law.[[Cal. Ed. Code Sec. 56325 (a)(2).]]

Whenever a student transfers into a school district from another school district located outside California in the same academic year, the new school district shall provide the student with a free, appropriate public education, including services comparable to those described in the previously approved IEP, in consultation with the parents/guardians/other education rights holders, until the school district conducts an assessment, if determined necessary by the district, develops a new IEP, if appropriate, that is consistent with federal and state law.[[Cal. Ed. Code Sec. 56325 (a)(3).]]

A child who may have learning problems still may not be found eligible for special education services because they do not fit into one of the special education eligibility categories and/or because their learning needs are not intensive enough to qualify them for special education. (This may often be the case for children identified as having hyperactivity, dyslexia, Pervasive Developmental Disorder, Tourette Syndrome, Obsessive Compulsive Disorder, Conduct Disorder, Oppositional Defiant Disorder, or ADD/ADHD. Of these conditions, only ADD/ADHD and Tourette Syndrome are mentioned specifically in the special education eligibility criteria.

Such a child, however, may be eligible for special services and program modifications under a federal antidiscrimination law designed to reasonably accommodate the student’s condition so that their needs are met as adequately as the needs of non-disabled students. The law is commonly known as Section 504 of the Rehabilitation Act of 1973.[[29 U.S.C. Sec. 794; implementing regulations at 34 C.F.R. 104.1 and following.]]

Section 504 eligibility is not based on a categorical analysis of disabilities (except that some conditions, such as ADD/ADHD are frequently recognized as Section 504 qualifying conditions). Rather, Section 504 protections are available to students who can be regarded as “disabled” in a functional sense. Such students:

1. Have a physical or mental impairment which substantially limits a major life activity (such as learning and attention);
2. Have a record of such an impairment; or
3. Are regarded as having such an impairment.[[See 34 C.F.R. Sec 104.3(j)]]

If your child is not found to have a disability for purposes of Section 504 accommodations and/or services, you can appeal that determination. The local education agency is responsible for arranging the Section 504 hearing process. The hearing officer selected by the local education agency must be independent of the local agency. The hearing officer could be, for example, a special education administrator from another school district, from the county office of education or from a special education local plan area – as long as there is no conflict of interest.

The Office for Civil Rights (OCR) administers and enforces Section 504 protections in education. If you believe your child has not been afforded their rights under Section 504, you may file a complaint with the Office for Civil Rights. You can access the form online at https://ocrcas.ed.gov/office-for-civil-rights-discrimination-complaint-form or you can write or call OCR at one of the addresses below and ask for a copy of the complaint form and instruction sheet for filing a complaint: 

The OCR National Headquarters is located at:

U.S. Department of Education
Office for Civil Rights
Lyndon Baines Johnson Department of Education Bldg
400 Maryland Avenue, SW
Washington, DC 20202-1100

Telephone: 800-421-3481
FAX: 202-453-6012; TDD: 800-877-8339
Email: OCR@ed.gov

As of August 2025, the OCR office for California is located at:

Seattle Office
Office for Civil Rights
U.S. Department of Education
915 Second Avenue Room 3310
Seattle, WA 98174-1099

Telephone: 206-607-1600
FAX: 206-607-1601; TDD: 800-877-8339
Email: OCR.Seattle@ed.gov

As of August 2025, California’s OCR office in San Francisco is currently closed: 

Office for Civil Rights, 
San Francisco Office 
U.S. Department of Education 
50 United Nations Plaza
San Francisco, CA 94102 

Telephone: (415) 486-5555 
Facsimile: (415) 486-5570 
Email: OCR.SanFrancisco@ed.gov 

See Chapter 6, Information on Due Process Hearings/Compliance Complaints.

When you are referring your child for special education eligibility, your referral letter can include a request that your child also be assessed under Section 504 of the Rehabilitation Act of 1973 (Section 504) to determine whether your child might be eligible for services under that law. If eligible, the school district may be required to provide reasonable accommodations and/or services, including special education services, to allow your child to benefit from school like children without disabilities. These accommodations and/or services may be important if your child does not qualify for special education/IEP, or if such accommodations and/or services are, for some reason, not provided under special education.[[OCR Memorandum, Letter to Veir, 19 IDELR 876 (April 29, 1993).]]

Yes. An OCR Memorandum written April 29, 1993, addresses this question: Is a child...who has a disability within the meaning of Section 504 but not under the IDEA, entitled to receive special education services? Yes. If a child...is found to have a disability within the meaning of Section 504, they are entitled to receive any special education services the placement team decides are necessary.[[19 IDELR 876.]]

Districts generally are not aware of this OCR legal interpretation. If you believe your child needs special education services to receive FAPE, you should inform the 504 planning team of the above memo before meeting.

Yes. As long as the child meets one of the eligibility categories and needs special education, the fact that they have been advancing from grade to grade without special education does not mean they are not entitled to a free appropriate public education.[[34 C.F.R. Sec. 300.111(c)(1).]]

Schools cannot make assumptions that certain disabilities affect students in only certain ways. For example, limiting services to students with orthopedic impairment to adapted physical education only. Disabilities vary in degree and in the ways they impact individuals. Special education and related services decisions must be based on each child’s unique needs.[[34 C.F.R. Secs. 300.39 & 300.320(a)(2)(i)(A); Cal. Ed. Code Secs. 56031(a) & 56345(a)(2)(A).]] The services and placement needed by each child with a disability to receive a free appropriate public education must be based on the child’s unique needs and not on the child’s disability.[[34 C.F.R. Secs. 300.39 & 300.324(a).]]

Yes. Federal law requires the district to assess in all areas related to the student’s disability. The evaluation must be “sufficiently comprehensive to identify all of the child’s special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified.”[[34 C.F.R. Sec. 300.304 (c)(4), (6); Cal. Ed. Code Section 56320 (f).]] For example, a student may be eligible for special education on the basis of a specific learning disability, but may also have an attention deficit disorder. The school must also evaluate the child for the nature and extent of the attention challenge and for necessary interventions.[[Corona-Norco Unified School Dist., SN 1137-98, 30 IDELR 179.]] As long as the student is qualified for special education under one of the eligibility categories, the IEP team must take the student’s unique needs (such as behavioral, language or communication needs) into account in designing an IEP.[[34 C.F.R. Sec. 300.39.]]